Senate Bill S5779

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5779

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              June 4, 2009
                               ___________

Introduced  by Sen. THOMPSON -- read twice and ordered printed, and when
  printed to be committed to the Committee on Investigations and Govern-
  ment Operations

AN ACT to amend the public buildings law, in  relation  to  establishing
  the state green building construction act, and to repeal article 13 of
  the energy law relating thereto

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Legislative findings and declarations. Green building prac-
tices can reduce the production of greenhouse gases, lower energy costs,
reduce the use of natural resources, reduce waste,  improve  indoor  air
quality, and reduce indoor and outdoor pollution. This act requires that
the  construction  and  substantial renovation of state buildings comply
with "green" building standards established by  the  office  of  general
services.  Building  "green"  will have positive impacts on our environ-
ment, provide healthier indoor environments, and reduce costs.
  S 2. Article 13 of the energy law is REPEALED.
  S 3. The public buildings law is amended by adding a new  article  4-C
to read as follows:
                                ARTICLE 4-C
                  STATE GREEN BUILDING CONSTRUCTION ACT
SECTION 80. SHORT TITLE.
        81. DEFINITIONS.
        82. APPLICABILITY.
        83. AGENCY GREEN BUILDING CONSTRUCTION REQUIREMENTS.
  S 80. SHORT TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED AS THE
"STATE GREEN BUILDING CONSTRUCTION ACT".
  S 81. DEFINITIONS. AS USED IN THIS ARTICLE:
  1.  "AGENCY"  SHALL  MEAN  A  STATE DEPARTMENT, STATE AGENCY, OR STATE
PUBLIC AUTHORITY.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06347-04-9

              

S. 5779                             2

  2. "AUTHORITY" SHALL MEAN THE  NEW  YORK  STATE  ENERGY  RESEARCH  AND
DEVELOPMENT AUTHORITY.
  3.  "BUILDING" SHALL MEAN A BUILDING OR STRUCTURE THAT IS OWNED BY THE
STATE OR BY AN AGENCY.
  4. "OFFICE" SHALL MEAN THE OFFICE OF GENERAL SERVICES.
  5. "SUBSTANTIAL RENOVATION" SHALL MEAN A SUBSTANTIAL  MODIFICATION  OF
AN  EXISTING BUILDING AND SHALL INCLUDE BUT NOT BE LIMITED TO ADDITIONS,
ALTERATIONS, AND RECONSTRUCTION AS DETERMINED  PURSUANT  TO  REGULATIONS
PROMULGATED BY THE OFFICE PURSUANT TO THIS ARTICLE.
  S 82. APPLICABILITY.  THIS  ARTICLE SHALL APPLY TO THE CONSTRUCTION OF
NEW BUILDINGS AND THE  SUBSTANTIAL  RENOVATION  OF  EXISTING  BUILDINGS,
EXCEPT THAT THIS ARTICLE SHALL NOT APPLY IN THE FOLLOWING CIRCUMSTANCES:
1.  AN EXISTING BUILDING THAT HAS A HISTORIC STATUS PURSUANT TO FEDERAL,
STATE OR LOCAL LAW AND COMPLIANCE  WITH  CONSTRUCTION  REQUIREMENTS  AND
PROCEDURES ESTABLISHED PURSUANT TO THIS ARTICLE WOULD ALTER THE HISTORIC
CHARACTER OF SUCH BUILDING;
  2.   IN   THE  CASE  OF  A  SUBSTANTIAL  RENOVATION,  COMPLIANCE  WITH
CONSTRUCTION REQUIREMENTS AND PROCEDURES ESTABLISHED  PURSUANT  TO  THIS
ARTICLE  WOULD  NOT BE COST EFFECTIVE OVER THE USEFUL LIFE OF SUCH RENO-
VATION AS DETERMINED PURSUANT TO  REGULATIONS  PROMULGATED  PURSUANT  TO
THIS ARTICLE;
  3.  COMPLIANCE WITH THIS ARTICLE OR WITH CONSTRUCTION REQUIREMENTS AND
PROCEDURES ESTABLISHED PURSUANT TO THIS ARTICLE  WOULD  BE  INCONSISTENT
WITH OR VIOLATE FEDERAL OR STATE LAW;
  4.  SUCH  OTHER  CIRCUMSTANCES  AS THE OFFICE MAY REASONABLY DETERMINE
PURSUANT TO REGULATIONS TO NOT BE APPROPRIATE FOR THE APPLICATION OF THE
CONSTRUCTION REQUIREMENTS AND PROCEDURES ADOPTED PURSUANT TO THIS  ARTI-
CLE; OR
  5.  THE  DESIGN  OR  PLANNING  PROCESS  FOR  SUCH  NEW CONSTRUCTION OR
SUBSTANTIAL RENOVATION HAS SUBSTANTIALLY COMMENCED, AS  DEFINED  BY  THE
OFFICE  IN  REGULATIONS,  AS  OF  THE  EFFECTIVE DATE OF THE REGULATIONS
PROMULGATED BY THE OFFICE PURSUANT TO THIS  ARTICLE;  PROVIDED  HOWEVER,
THAT   WHENEVER  SUBDIVISION  ONE,  TWO,  THREE  OR  FOUR  APPLIES,  THE
CONSTRUCTION REQUIREMENTS AND PROCEDURES SHALL BE  INTEGRATED  INTO  THE
DESIGN  AND  CONSTRUCTION OF THE PROJECT TO THE MAXIMUM EXTENT PRACTICA-
BLE.
  S 83.  AGENCY  GREEN  BUILDING  CONSTRUCTION  REQUIREMENTS.  1.    THE
CONSTRUCTION OF NEW BUILDINGS AND THE SUBSTANTIAL RENOVATION OF EXISTING
BUILDINGS  SHALL  COMPLY  WITH  SUCH GREEN CONSTRUCTION REQUIREMENTS AND
PROCEDURES AS SHALL HAVE BEEN ESTABLISHED BY THE OFFICE  IN  REGULATIONS
PURSUANT TO SUBDIVISION TWO OF THIS SECTION.
  2.  THE  OFFICE, IN CONSULTATION WITH THE AUTHORITY, THE DEPARTMENT OF
ENVIRONMENTAL CONSERVATION, THE  DEPARTMENT  OF  HEALTH,  THE  DORMITORY
AUTHORITY OF THE STATE OF NEW YORK, THE DEPARTMENT OF STATE, THE DEPART-
MENT  OF EDUCATION, THE OFFICE OF PARKS, RECREATION AND HISTORIC PRESER-
VATION, AND ANY OTHER AGENCY AS DETERMINED BY THE  OFFICE  THAT  MAY  BE
AFFECTED  BY THIS ARTICLE, SHALL PROMULGATE RULES AND REGULATIONS ESTAB-
LISHING CONSTRUCTION REQUIREMENTS AND PROCEDURES NECESSARY TO  IMPLEMENT
THIS  ARTICLE,  INCLUDING THE EXCEPTIONS DESCRIBED IN SECTION EIGHTY-TWO
OF THIS ARTICLE. IN ESTABLISHING SUCH REQUIREMENTS AND  PROCEDURES,  THE
OFFICE MAY CONSULT GREEN CONSTRUCTION REQUIREMENTS AND PROCEDURES ESTAB-
LISHED  OR  ADOPTED  BY  OTHER  AGENCIES,  AND BY PRIVATE ORGANIZATIONS,
INCLUDING BUT NOT LIMITED TO THE UNITED STATES  GREEN  BUILDING  COUNCIL
UNDER  ITS  LEADERSHIP  IN ENERGY AND ENVIRONMENTAL DESIGN PROGRAMS, THE
GREEN BUILDING INITIATIVE'S GREEN GLOBES RATING SYSTEM, AND THE AMERICAN
NATIONAL STANDARDS INSTITUTE.

S. 5779                             3

  3. FOR PURPOSES OF MONITORING COMPLIANCE WITH THIS  ARTICLE  AND  THIS
ARTICLE'S  EFFECTIVENESS, EACH AGENCY SHALL PREPARE BY JUNE THIRTIETH OF
EACH YEAR AN  ANNUAL  BUILDING  PERFORMANCE  REPORT  IN  SUCH  FORM  AND
CONTAINING  SUCH INFORMATION AS THE OFFICE MAY REQUIRE, WHICH MAY RELATE
TO SUCH MATTERS AS ENERGY CONSUMPTION, WASTE REDUCTION, INDOOR AIR QUAL-
ITY,  WATER  REDUCTIONS  AND  MAINTENANCE PROCEDURES AND PROCESSES. SUCH
REPORT SHALL BE AVAILABLE TO THE OFFICE UPON REQUEST.
  S 4.  This act shall take effect immediately,  provided  however  that
section  two  of this act shall be deemed to have been in full force and
effect on and after September  25,  2008;  and  provided  further,  that
section  three of this act shall take effect on the three hundred sixty-
fifth day after it shall have  become  a  law;  provided,  however  that
effective  immediately,  the office of general services is authorized to
promulgate, amend or repeal any rule or regulation which it deems neces-
sary or appropriate to implement section three of this act.